Maryland Motorcycle Accident Lawyer Blog

Though it’s getting a bit late in the bicycling season, it's never too late to talk safety -- especially when biking and pedestrian traffic accidents have been so much in the news this year. For those people who have been injured in biking accidents involving automobiles and commercial trucks, you likely already know the pain and hardship caused by the negligence or carelessness of a motor vehicle operator.

For those who have never been injured while riding in urban areas such as Annapolis, Frederick, Rockville or Bowie, count yourself lucky and take heed; there are a number of simple steps that can improve your odds when sharing the road with larger and potentially dangerous vehicular traffic. As Maryland personal injury lawyers, we have see the results of car-bike accidents and we applaud anyone who promotes automobile and bicycle safety in order to help reduce the carnage on our state’s roadways.

To be sure, any bicycle accident can be serious or even life-threatening depending on the speeds involved and the circumstances of the traffic accident. Cuts and bruises are the most likely injuries, which can include painful road rash and deep lacerations. Broken bones are always a potential injury when going up against a car or truck, while concussions and other closed-head trauma are likely in crashes involving large vehicles or higher speeds. (Hitting a stationary object, such as a tree or roadside guardrail can also result in potentially fatal injuries.)

For some hints on safer riding and better survivability in the case of a bike-truck or bike-auto collision, the following may be of some use. Much of what is stated here is common sense and certainly on the lists of most cycling safety advocates, but it never hurts to reiterate best practices.

Never ride without a helmet
Protecting one’s brain from traumatic injury is foremost in the war against cycling-related injuries and traffic-related deaths. Some voices in the cycling community suggest that, in fact, no bicyclist can claim that he or she is a safe rider if they do not wear a helmet 100 percent of the time. While there is no state law requiring helmet use when cycling, many people believe that there should be.

Continue reading "Baltimore Bicycle Safety Update: Riding Safely to Avoid Cycling Injury Accidents on Maryland and D.C. Roadways" »

As most parents will attest, seeing one’s child become old enough to ride a bike can be both satisfying and nerve-racking at the same time. Especially these days in cities like Rockville, Annapolis and Washington, D.C., that are densely packed and fraught with potential dangers, parents would be justified in their worry. As Maryland personal injury lawyers and auto accident attorneys, we understand these fears; and if something does go wrong, we try to help the victims and their families recover loses following an accident caused by a negligent driver.

Naturally, as we’ve stated many times, prevention is a much more proactive way to avoid an injury or save a life than trying to put the pieces back together after a severe traffic collision. Especially in the case of cycling and pedestrian accidents, protecting oneself and preparing for the worst beats reacting once the damage is done.

For bikers, there are a number of preventative measures that can make a difference if and when a traffic wreck does happen to a cyclist. Some may argue that if a person rides long enough it is only a matter of time before a rider is hit by a car or commercial truck. In the city, delivery vehicles and large box trucks can be the enemies of the commuting cyclist.

Of course, there is still a relatively large segment of the cycling community that maintains that riding a bike next to other vehicular traffic, such as passenger cars, SUVs and commercial trucks, is not as death-defying as some might make it out to be. These folks will argue, with a fair amount of statistical evidence to back them up, that cyclists are not injured by motor vehicles as often as they are injured through inattention to roadway conditions or other factors that might cause a solo crash.

These safety advocates maintain that bikers are much less likely to be killed by a car or truck hitting them from behind; rather they are more likely to be injured by events involving distracted pedestrians, people walking their dogs, kids and adults on inline skates, or an encounter with another cyclist having lesser riding skills.

Regardless, there are steps that every cyclist should take to avoid the worst-case scenario, that of being injured or killed on their bike. Perhaps the following tips might help better prepare riders for that unforeseen accident in the future, be it a solo bike crash, a pedestrian-related collision or a motor vehicle collision.

Continue reading "Baltimore Traffic Injury Update: Steps to Reduce the Risk of Injury When Cycling in Maryland" »

If it wasn’t clear already, riding a bicycle in Baltimore, Annapolis, Frederick or Washington, D.C., was and continues to be fraught with hazards. Everyday, bicyclist, walkers and joggers are either hit by a passenger car or commercial delivery truck, or come within inches of being struck by a motor vehicle. It’s not a stretch to say that our asphalt jungles take a toll on pedestrians and bike traffic on a daily basis.

As Maryland personal injury attorneys, I and my colleagues urge both cyclists and pedestrians to be extremely cautious whenever they mix with vehicular traffic. Furthermore, we also implore those passenger car drivers, motorcyclists and heavy motor vehicle operators to be extra careful when traveling in urban areas and certain rural roadways where foot traffic is encountered.

Accidents can happen anywhere, any time. But there are measures that can be taken which can sometimes prevent or, the very least, lessen the potential for bodily injury by both motorists and pedestrians. A little while back, an article brought up the subject of pedestrian safety and the ways in which everyone who uses our public roads can participate to make Maryland’s highways and byways safer.

According to that piece, cycling advocates were unified in urging care on Maryland’s roadways, taking their message to the streets to educate automobile drivers, bicyclists and pedestrians regarding proper safety measure to take while sharing the road together. The author of that article talks about a couple who went for a Memorial Day bike ride with friends from their house in Clarksville, MD, to Montgomery County.

Continue reading "Baltimore Cycling Safety News: Bicycle Riders Urged to Use Caution on Maryland Roads" »

We wrote last year about the tragic death of Natasha Pettigrew, a candidate for U.S. Senate who was struck by a sport utility vehicle during an early morning ride on her bike in Prince George’s County last fall. According to news stories at the time, the 30-year-old woman was training for a triathlon when she was killed in an alleged hit-and-run traffic accident in Maryland's Prince George's County.

Recently, Pettigrew’s mother, Kenniss Henry, has taken up crusade to make the streets of Maryland, Washington, D.C., and other areas safer for bicycle riders. According to news article, Henry has lobbied the Maryland legislature in Annapolis to try and get a new bill introduced -- the Vehicular Manslaughter Act. Along with advocacy groups like Bike Maryland, Henry is reportedly pushing to close a major loophole in Maryland state law.

According to news reports, the current law essentially says that if a flagrantly reckless, yet sober driver causes a traffic death in Maryland, he or she will pay no more than $1,000 in fines through traffic court. The only other option is for the driver to be charged with a felony (however this typically never happens because the standards of proof are so very high).

The new bill, HB 363, would provide for a misdemeanor option. This new option would allow for a person -- who has been convicted of causing a traffic fatality while driving in a dangerously reckless manner when sober -- to be sentenced to as many as three years in jail or hit with a $5,000 fine. According to news articles, Bike Maryland, Maryland chiefs of police, and the AAA have thrown their support behind this bill.

This a one facet of a larger movement among walking and cycling advocates to make penalties more harsh in cases of vehicular manslaughter. The effort, according to reports, is to help people feel safer when walking or biking on and near public roadways. Safety advocates argue that roads will never be completely safe until motorists understand that there are strict penalties for causing an accident through reckless behavior.

Help Seek Justice for a Change.org Member's Death, Change.org, February 15, 2011

Bicycle injury accidents are fairly common in urban areas like Washington, D.C., Annapolis and Baltimore, MD, however, reducing the frequency of car-bike and bicycle-commercial truck crashes is a challenge due to the shear volume of traffic in these areas. As Maryland automobile accident lawyers who represent cyclists and motorcycle riders hurt in traffic collisions, our job is to help these victims recover damages, including medical, rehab, and work-loss costs following a car accident.

Especially for bicyclists, the potential for serious injury, not to mention possible fatal injury due to being hit by a passing motor vehicle, is very high in cities and other urban areas. Being struck and knocked to the ground can lead to broken arms and legs, road rash, cuts and bruises, and worst of all, traumatic brain injury. Wearing a helmet is always a good idea, but is no guarantee of a good outcome.

A while back, we saw a news item that reminded all of us of one key element in hopefully reducing injuries from car-bike collisions. Over in the District, the Washington Area Bicyclist Association (WABA) has apparently resolved to improve safety for all who travel on public roads. How? A spokesperson for WABA said the group wants cyclists to "better respect the rights of other road users."

One can assume that WABA hopes passenger car, long-haul truckers, and commercial delivery truck drivers will reciprocate as well. According to the article, WABA had asked its membership to make a New Year's resolution that includes respecting the rights of others on public roads and to make what the group says is “a good faith effort to follow the law.” This includes, according to the article, yielding the right of way to pedestrians.

The outgrowth of this latest movement apparently came following the death of D.C. resident who was struck by a cyclist the day following Thanksgiving. According to reports, 78-year-old Quan Chu and his wife were hit by bicycle rider while walking in an alleyway near Massachusetts Ave. The elderly gentleman and his wife were both knocked to the ground as a result of the incident. Chu subsequently died from his injuries.

Continue reading "Bike Safety News: Washington D.C. Area Bicycle Group Seeks More Respect from All Cyclists" »

It’s not something any parent wants to think about; their child alone on a bike getting hit by a car or truck. Yet this is reality for hundreds of families every year across this county. Whether you live in a large city like Annapolis, Baltimore or the District, or have a home in a smaller town like Bel Air, Havre de Grace, or Ocean City, the dangers for kids near traffic are real and can be very scary.

Proper safety equipment and other protective measures can give a youngster some defense against falling off his or her bicycle, but tangling with a commercial delivery truck in the city or getting sideswiped by a passenger car in the neighborhood can lead to severe injuries or even death. As a Maryland personal injury lawyer, I know that these are tough images to consider, but the point is here to make certain your child is well equipped to travel the streets and bike paths throughout our state.

Running across an editorial piece not long ago, we were reminded at how lucky some auto accident victims really are following a bad crash. While this story begins with a harrowing discovery by the young boy's father the outlook appears good for the teen. According to the article, 16-year-old Tyler Junkin-Mills and his family had only recently moved into a new home in Olney, MD, when one day the teen didn’t return home when expected.

Having only just begun to unpack a myriad of items from their move, the family’s bicycling helmets were still packed away in one of the many boxes located around the home. Regardless, Tyler apparently rode off on his bike without his helmet on a supposedly quick trip to a local bakery where he worked.

Becoming anxious after some time had passed and not hearing their son return, Tyler’s father drove off to try and locate the missing boy. Just two blocks away, on Rte 108, the father saw what surely made his stomach turn; patrolmen were in the process of cleaning up an apparently accident scene, which included his son’s bicycle, mostly a tangled mess of metal tubes by the side of the road.

Continue reading "Maryland Teenager Recovering following Bicycle Accident in Montgomery County Illustrates Seriousness of Bike-Car Crashes" »

While the weather may not allow for pleasant afternoon bike rides just yet, it’s always good to consider the safety aspect of bicycling as we all dream of the coming spring thaw. Getting back into the swing of bicycle -- and even motorcycle riding -- will improve the chance of a safer and more enjoyable springtime, when it finally arrives.

As a Maryland personal injury lawyer, I know that Baltimore has provided a wellspring of bicycling culture and cycling enthusiasts. While it’s likely true that motorists in this part of the state have become more attuned to the presence of bike riders, it’s never a mistake to remind people about the dangers of cycling as it related to traffic safety.

Wearing a helmet and having a working headlight on one’s bicycle are important safety points to remember anytime a cyclist ventures onto city streets or rural country roads. Passenger car drivers and 18-wheel truckers should also be aware of the large percentage of two-wheelers that appear on the roads as the weather warms up.

As a rider, one must always be on guard and actively aware of the dangers. Even the most seemingly minor kind of bike-truck or bicycle-car accident can send a cyclist to the hospital with potentially life-threatening injuries, not the least of which are traumatic brain injury and internal injuries.

According to news articles, more bicycles are expected on Maryland roads thanks to bicycle sharing programs like that at Hood College in Frederick, MD. Called the Campus Safety Bike Program, which allows students to borrow bicycles free of charge, the school has added bike-sharing as one of many continuing efforts to be environmentally friendly.

The program, which has been in the planning stages for a while now, purchased two men's and two women's bikes, as well as various necessary accessories including chains, locks and lights (and optional helmets). The program provides students the opportunity to borrow one of the four cycles for up to four hours. Any student with a Hood College ID can borrow a bike at the school’s switchboard office in the Whitaker Campus Center. All bikes must be returned by 8pm.

If the program is a success with those first four bikes, the program is expected to additional cycles next semester to meet the hoped-for demand. As part of the initiative, the Hood is adding more bike racks around the campus to handle the growing number of privately-owned bicycles that students are apparently bringing to school each year.

Continue reading "Frederick County Bicycle Safety News: Bike Sharing Programs May Mean More Bikes on the Road" »

The family of cycling accident victim, John R. Yates, has settled out of court their lawsuit against a commercial truck owner and the driver of the vehicle that was involved in the bicycle-truck crash. According to news reports, the defendants in the case recently agreed to pay an undisclosed amount rather than take their chances in court. The reportedly $5 million wrongful death lawsuit alleged negligence on the part of the owner of the tank truck as well as the driver of the vehicle that allegedly ran over and killed Yates on a Baltimore street earlier this year.

As Maryland auto accident attorneys and personal injury lawyers, I and my staff understand the anger and sadness that accompanies the loss of a loved one killed in a senseless traffic collision. Bicycle and motorcycle riders in particular are most at risk on city streets and rural roads due to the size and weight disparity between their relatively small and lesser protected two-wheelers and other motor vehicles.

Any crash between a bike and a passenger car, 18-wheeler or commercial delivery truck can result in serious and sometimes fatal results. Head, neck and spinal injuries are always a potential risk in such collisions. In the case of Mr. Yates, the 67-year-old bicycle enthusiast died from the injuries he sustained when the truck allegedly turned into him on August 4 this year.

Based on police reports, the accident occurred on Maryland Avenue when the vehicle began to turn right onto Lafayette Ave. catching the man and his bicycle in the rear wheels of the larger vehicle.

News reports said that the out-of-court settlement satisfactory to all parties in what was certainly a heartbreaking traffic accident. Although the amount was not announced, the defendants’ lawyer said that it was appropriate given the facts and circumstances surrounding the late summer crash. Reportedly, the Yates family attorney said his clients were satisfied with the outcome as well.

The victim’s family reportedly was not interested in taking the suit to trial, especially since Yates’ death actually prompted significant legislation in Maryland’s General Assembly regarding bicycle rider rights and motor vehicle law as it pertains to the safety of cyclists on public roads. In fact, this past October saw the 3-foot rule go into effect, requiring motorists to maintain a buffer when passing a bicyclist.

Family of cyclist killed in crash settles with truck driver, employer; BaltimoreSun.com, December 1, 2010

For people who live and work in the city, when we think of bike accidents we naturally envision a traffic collision between a delivery truck or city bus and a bicycle rider. But it is important to remember that motor vehicles aren’t the only cause of cyclist injuries. As illustrated in a summer time cycling accident, bicyclists can be hurt far from the hustle and bustle of our urban centers.

As a Maryland injury attorney and auto accident lawyer, I have seen what can happen when a car or truck strikes a relatively unprotected bike rider. But I and my colleagues also know that other factors can lead to a serious cycling accident. According to a news article a while back, a Maryland man was hurt on the Capital Crescent Trail in Bethesda, MD, when he was thrown from his bike face first to the pavement after a two-bike crash.

Based on police reports, 50-year-old Jay Roberts called the entire incident a “freak accident,” yet it points up the dangers inherent in any sport that involves relatively high speeds and a modicum of risk. The accident happened during a morning ride when Roberts was on his way to meet a friend. From out of nowhere, according to the avid cyclist, another bike came at him hitting his bicycle head-on.

According to reports, Roberts said that he had no time to react, not even to apply his brakes to reduce the impact speed. The second cyclist reportedly came out from behind several people walking the path on foot. The next thing he knew there were emergency personnel swarming around the two injured bikers.

Police reports show that the two cyclists were initially knocked unconscious by the collision. Roberts apparently came out of it better than the other guy, sustaining a broken left collar bone, eight or nine broken ribs, and various scrapes and bruises. The other rider reportedly ended up in an intensive care unit as a result of his injuries, although details were uncertain.

Police advise caution when passing people on foot or other bikes on any well-traveled bicycle trail. According to reports, concerns over safety a couple years ago prompted authorities to impose a 15mph maximum speed limit on that trail. At the time, the newly posted speed limit upset some users, but apparently was a welcome change for many other users of the trail.

Authorities remind those using the Capital Crescent Trail that it is not solely a bicycle path, nor only a trail for hikers. As a mixed-use trail there is always a risk of collisions and as such it’s probably a good idea to exercise caution whenever exercising oneself.

Head-on collision grim reminder of bike safety, WTOP.com, July 6, 2010

I’ve spoken here before of the danger that is posed to bike riders every day in our city streets and rural country roads. Maryland provides cycling enthusiasts with a wonderful venue for sport and recreation, but when it comes to cycling on public roads, riders everywhere must be vigilant. As a Baltimore personal injury attorney, I have read the stories of bicyclists who have been hurt, permanently injured or who have died senselessly at the hands of thoughtless or inattentive motorists.

But another danger exists, one which many riders may already know, but which nobody ever expects until it happens to them. I’m speaking of the real threat posed by those who steal manhole covers in Baltimore, such as Annapolis, Frederick and the District. Though it may be portrayed comically in old movies, there is nothing funny about having your bike’s front wheel fall into a two-foot wide hole at 20mph or more.

According to the news, scrap metal thieves have targeted these heavy cast-iron discs even though the value on a per piece basis only about 10 dollars. Although manhole covers weigh in excess of 100 pounds, people strapped for cash are still willing to try and lift them. But the void left behind could be extremely dangerous for bicycle riders and motorcyclists alike.

Injuries such as traumatic head injury, spinal injury, cuts, bruises and broken bones are just the tip of the iceberg. Riding into an open manhole can be deadly, especially at higher speeds. Where a passenger car or commercial truck may only suffer extensive mechanical damage the occupants of these larger motor vehicles will likely escape with only minor injuries, if any, cyclists and bikers are a different story.

Based on reports earlier this summer, the city of Baltimore found 17 of them missing on one particular Tuesday in July. That discovery was the city’s largest manhole-cover theft in the past four years, according to the Baltimore Department of Public Works.

While some were stolen from grassy areas, others came from locations on public roadways. While the cost to the city is relatively small, according to the article, the level of danger from an open manhole is quite high.

Not only can such a situation kill or maim a motorcyclist or bicycle rider, the cost to a family who might lose a bread winner in the process can be devastating. Negligence like this, the kind that can result in the death of an innocent person, is unacceptable and reprehensible. We can only hope that in the future, acts like these will lessen as the economy begins to improve and people find other means to make a living. Meanwhile, be aware of the potential hazards on the road and stay safe.

City replaces 17 stolen manhole covers stolen for scrap, ABC2News.com, July 22, 2010

Bulky manhole covers yield thieves little payoff, BaltimoreSun.com, July 22, 2010

Cyclists in Annapolis, Baltimore, Columbia and everywhere else across our state can possibly breath a little easier now that the state’s three-foot rule is law. As a Maryland personal injury lawyer representing victims of bicycle-related traffic accidents, I know that several feet may not seem like a lot to some people, but ask most any cyclist and you’ll find they appreciate the extra margin of safety that this new law hopes to provide.

That’s not to say that we have now eliminated any chance of bicycle-related injuries as a result of a car, SUV, pickup or commercial delivery truck accident. Let there be no mistake, cycling enthusiasts and bicycles in general have not become invincible, but they have gained a little more respect on the road, at least in the eyes of the law. Head and spinal injuries, not to mention broken bones, cuts and bruises are all potential injuries when a bike is struck by a car or truck.

According to news articles, it’s been decades since the original “share the road” signs began to appear across the state, reminding Maryland motorists to be mindful of pedal-powered commuters on our public roadways. With the latest law taking effect, that reminder now has some teeth -- driver that ignore the three-foot rule could face a fine of up to $500 if they are caught. But will this help reduce fatal car-bike accidents?

The new law, which took effect on October 1, provides more exacting definition of what is acceptable when motor vehicles and bicycles meet on our ever more crowded roads. By now, everyone has heard stories of nerve-shaking close encounters that cyclists have long endured when riding around on urban, and even rural, streets and roadways.

Based on reports, more than 600 cyclists died across the nation in 2009. A sobering 51,000 bike riders were injured in car and truck accidents last year as well. Here in Maryland, 11 cyclers were killed in collisions on state roads in 2009, and that represented an increase over the previous year.

Sadly these statistics have been rising as more and more recreational cyclists as well as two-wheel commuters have increased in number -- all encouraged by the newly established bicycle lanes, which unfortunately have also added to the frustration level of automobile drivers and engendered in some drivers active aggression against cyclists. One can only hope that this new law will make drivers think about and watch for those lesser protected road users.

New bike law takes effect in Md., WashingtonPost.com, September 30, 2010

If anyone thinks that bicycle riders are completely safe as they travel the city streets of Baltimore, Annapolis, the District, or any other large urban area across Maryland, think again. While much has been done to improve riders’ safety, the fact remains: When motorists and cyclists are constantly sharing the same public roadways, the potential for bike-car accidents exists as does the possibility of injuries and even fatalities.

As a Maryland injury lawyer, I and my colleagues understand the dangers that cycling enthusiasts face every day across our state and even in the nation’s capital. Washington, D.C., has its share of bicycle riders and, hence, it’s share of bicycle accidents. A discussion on the pluses and minuses of bicycle and rider safety caught our eye not long ago, which addresses some of the concerns out there.

According to the article, the Washington Area Bicyclist Association’s Shane Farthing answered a barrage of questions from concerned riders and other citizens. In particular a question came regarding whether or not the police would be doing anything more to prosecute motorists who hit bike riders, much less commercial trucks that occasionally kill cyclists.

Farthing responded that over the past couple years he knew of no significant steps taken by the police to improve bicycle and pedestrian safety. He said that the WABA was stepping up its outreach efforts to the police agencies by trying to open a dialog between law enforcement and the association.

Additionally, he reportedly said that the group would like to see existing traffic laws enforced more vigorously -- apparently the group is considering some ways to advocate for the cycling community by educating police officers on the issues and perhaps help to improve the situation. Other laws, he added, the WABA would really like to see changed altogether, such as abolishing the contributory negligence standard and replacing it with a comparative negligence standard, which would be more in line with the rest of the country.

Sadly, however, Farthing believes that things, at least in this region of the country, have a long way to go before people will see any major improvement in cyclist and pedestrian safety.

WABA's Shane Farthing answers the rest of your questions, GreaterGreaterWashington.org, August 6, 2010

It will come as no surprise to bicyclists and cycling enthusiasts that collisions with motor vehicles are the most deadly kind of accident that a bike rider can have. While many bicycle crashes are completely accidental, there has always been an undercurrent of animosity between motorists and cyclists. Whether perceived or real, there can be potential for tragic consequences when the two groups literally butt heads on public roads.

As a Maryland personal injury lawyer, my firm understands the seriousness of a bicycle-car accident. Just as is the case with motorcycle crashes, the pedal-powered rider is virtually unprotected from a motor vehicle’s hard steel body. The roadway itself can itself become an enemy when a biker is thrown off his ride and onto the tarmac.

Whether a bicycle collides with an economy car, a sedan, an SUV, or a commercial delivery truck, the results can be serious, if not fatal to the cyclist involved. Injuries from motor vehicle crashes can range from bruises, abrasions and broken bones, to neck and back injuries. Life-threatening traumatic brain injuries are not uncommon.

It is for all these reasons that bicycling mavens all around the country are extremely sensitive to the behavior of the motorists they encounter on city streets and country roads. An editorial earlier in the summer echoed the concerns of bike riders, calling into question the mindset of some car and truck drivers when it comes to sharing the road.

According to the editorial piece, distracted motorists can make a half-hour commute on busy roads downright dangerous for the average bicycle rider. With dirvers doing things other than concentrating on the road, such as eating or talking on a cell phone, it woudl appear that bicyclists have a legitimate fear while travelling on public roads.

Worse, says the author, over the past couple of years there appears to be a marked increase in aggressive behavior on the part of motorists against bicycles. While police departments may disagree with the extent of motorists' anti-bike attitudes, one Annapolis rider decided to document some of the most egregious incidents of road rage against him as a bicycle rider.

Purchaing a helmet cam a little over two years ago, that Maryland rider began posting some astounding and hair-raising video clips online. Draw whatever conclusions you wish, but those videos posted on YouTube are just a reminder of the constant danger that cyclists face every day on our roadways.

Eric Hartley: 'Invisible' biker takes to the web, TMCNet.com, June 20, 2010

Baltimore has become a very popular city with cycling enthusiasts. However, with that popularity comes increasing number of cyclists on city streets, sharing lanes with passenger cars, motor-powered two-wheelers, large SUVs and commercial trucks of all types. Whether you’re an optimist or not, recent data may have bicycle riders grinning ear-to-ear while at the same time looking over their collective shoulders more than ever.

According to Transportation for America (TOA), the pedestrian and bicycle safety organization, over 76,000 Americans have been killed in the past 15 years simply crossing the roads in their very own communities.

As Maryland personal injury lawyers, I and my colleagues offer legal services to individuals hurt in bicycle and automobile-related accidents. Many of these accidents are caused, sadly, by the negligence of motorists or because of commercial trucking accidents. As injury attorneys, all of us have sensed the pain and seen the suffering that can follow a cycling accident resulting from a car or truck crash. It goes without saying that the medical costs associated with treatment and rehabilitation from such accidents can become quite expensive.

The TOA’s report on pedestrian injuries and fatalities nationwide ranked metropolitan areas in terms of accident frequency for persons on foot as well as on bicycles. The shocking part of the study for this office was the authors’ description of the total deaths across the nation as being equivalent to a commercial airliner crashing with a full passenger load once a month.

Transportation for America points out that nearly 4,000 children under 16 years have been killed so far in the 2000s. Based on the TOA’s numbers, the study stated that children, the elderly and infirm individuals, and ethnic minorities are over-represented when it comes to total death count.

The study also pointed out that while many pedestrian deaths (which in this case includes not only persons on foot but also bicycle riders) are typically termed “accidents,” suggesting an error either on the part of the motor vehicle operator or the person on foot or on his or her bike. However, the TOA stresses that a large percentage of supposed accidents occurred along roadways that were, as they term it, “dangerous by design.” This is to say, that maybe the blame should be aimed at poor roadway and sidewalk design, rather than at the drivers, pedestrians and cyclists who use those walkways and streets.

Continue reading "Maryland Bicycle Injury Update: Baltimore and D.C. Rank 29th and 32nd Nationwide in Fatal Traffic Accidents" »

Now that Maryland’s weather is getting better, it would appear that bicycle season is in full swing. Spring is a wonderful time, but dangers are always present when riding on public roads, especially heavily trafficked thoroughfares. My office handles numerous injury accidents every year, a percentage of those represent bicycle-car and bike-truck crashes.

One thing I’ve learned practicing in this area: You can never, ever be too cautious. The lack of protection when cycling is evident by the frequent stories of bicycling enthusiasts who are occasionally injured or killed in traffic accidents. My suggestion to anyone contemplating riding in the city or other congested roadway is to assume nobody sees you on your bike.

Maybe in the future laws will be tightened in favor of the even increasing population of bicycle riders, but until then I also remind motorists -- as a Baltimore automobile accident aattorney --to be vigilant and watch out for cyclists at all times, especially in the warmer weather. Recently an editorial appeared in the Baltimore Sun suggesting that bikes get a little extra room from the four-wheeled neighbors.

According to the author, Maryland should seriously consider adopting the so-called Three-foot Rule, which could make the roads safer for everyone. This call follows an observation that many cycling fans find riding a bike much too danger for their taste.

Does riding a bicycle really have to be so dangerous? One suggestion to bring a balance back to the car-versus-bike equation is adding bike lanes. There are, says the writer, a number of simple legislative options that can go further than road markings would.

Adopting the three-foot safe-passing distance law is one such approach that is under consideration (H.B. 461) in the Maryland General Assembly. Sponsored by Delegate Jon Cardin, at the time of the article it was stalled in the Environmental Matters Committee. Apparently the co-chair of that committee, Delegate James Malone, opposed a nearly identical bill last year mainly over concerns of enforceability.

The author points out the genius of this legal option, which requires no dedicated funding and would mandate that motorists give three feet between themselves and a cyclist under most circumstances (unless there is already a bike lane one the road or if the cyclist isn't following certain state requirements).

Can it work? According to the article, 14 states and the District already have versions of the law currently in effect. There are numerous pros and cons, but if lives could be saved and injuries reduced, why not consider it?

To make our roads safer for bicycles, Maryland should adopt the '3-foot' rule, BaltimoreSun.com, March 21, 2010

A recent editorial brought up an interesting traffic topic as relates to bicycle-car accidents here in Maryland and across the country in general. As Baltimore injury accident lawyers, we see many victims of traffic collisions, both from truck and car crashes as well as bicycle accidents caused by drivers of motor vehicles. It’s no surprise that when a car and bike tangle on public streets, the cyclist is usually the first to be hurt, sometimes critically. Head injuries are most common, even with helmet use, as are spinal damage, neck injuries and broken bones.

The editorial pointed out that road rage may be to blame for many of the car-bike accidents around the nation, yet authorities may be turning a blind eye to the problem. As drivers in the Baltimore area, as well as other urban and rural areas, I’m certain that more than one person has experienced the anger of another driver on the road. It’s not hard to imagine how much more dangerous this kind of behavior can be when directed toward a cyclist -- the results could be deadly.

According to the editorial, there is a sort of “traffic injustice” felt by bicycle riders in some of the nation’s urban centers. The author based his comments on articles documenting certain road rage trials and suggested that individuals can’t ride their bicycles anywhere with safety due to the lack of seriousness on the part of law enforcement when it comes to car-bike accidents that smack of road rage.

Using the analogy of a New Year’s reveler discharging a pistol into the air only to kill an innocent bystander somewhere across town, the author suggests that police are more likely to arrest that gun owner for manslaughter than to charge a driver for intentionally going after and killing a cyclist during a bout of road rage.

The New Year’s incident is hypothetical, yet the author’s point is made very clear; no law enforcement agency would treat this unintentional New Year's death as “just an accident” unworthy of serious charges, says the author. However, as he explains, when the instrument of injury or death is an automobile in the hands of a careless driver, this is often exactly what happens, according to the author.

Continue reading "Baltimore Cycling Accident News: Road Rage Blamed for Auto-Bicycle Crashes in Maryland and Across U.S." »

Almost every time a person is involved in a bicycle-auto accident the bike rider is almost guaranteed to be seriously injured. Various factors will determine to what extent those injuries are suffered, but the outcome is rarely good for the cyclist. As a Baltimore injury accident attorney, I have come across some fairly horrendous cases.

Injuries typically sustained by cyclists in automobile-related traffic accidents range from simple bruises and scratches to broken bones, spine and neck trauma, and serious head injuries. Fatalities are not uncommon as are permanently disabilities that make even the simplest of tasks nearly impossible and requiring the assistance of a full-time caregiver.

Although I and my colleagues are always ready and willing to assist victims of bicycle-car or bike-truck crashes, we would much rather that people not become injured in the first place. To that end, below are a few suggestions or pointers to keep in mind when planning your next foray onto the streets and roadways of Maryland’s cities, suburbs and rural areas.

Accessories that Can Make a Difference
The following items can be very helpful in either preventing an accident or lessening the effects of a collision with a delivery truck, car or SUV. Although nothing can protect a rider completely, these accessories may be able to keep potential injuries to a minimum.

Helmet -- Certainly the most important of all safety-related cycling equipment, a properly fitted helmet can make the difference between surviving a traffic accident on your bike and never coming home again. Ask any safety expert and you’ll learn that bicycle helmets can reduce significantly the number and severity of head injuries sustained in a car-bicycle accident or even a single-bike crash.

Horn -- Prevention is the key to safety when riding a bicycle in busy city centers and even in sleepy neighborhoods. To be sure, many bike accidents happen because a driver does not see an approaching cyclist and either turns or pulls out in front of a cyclist. A loud horn mounted to your bike will greatly improve your chances of being heard, then seen and hopefully avoided.

Mirrors -- Bicycle riders can make very good use of rear-view mirrors to better see what vehicles are approaching from behind. Knowledge is power and knowing whether a large delivery truck is about to pass you can help you prepare. Mirrors can be attached to handlebars or helmets. New cycling-specific sunglasses come equipped with small mirrors that allow the rider to see behind. This is extremely important as the statistics show that many cyclists are hit from behind by vehicles they were never even aware of before the crash.

Continue reading "Maryland Bike Injury Update: Bicycle Safety Equipment can Reduce Chance of Serious or Fatal Accidents" »

As a personal injury attorney practicing in the Baltimore area and representing residents of Maryland injured in bicycle accidents around the state, I have a detailed understanding of how an auto-bike crash can change the course of a person’s life. Whether it is a youngster riding a new bicycle around his or her neighborhood, or a teenager going to class at a local junior or senior high school, accidents can occur anywhere cars and kids on bikes meet.

Safety starts at home and parents can do much to instill in their children the correct and safe way to operate their bikes on public roads. Bicycle riding can be a pleasant way to commute and has always been a rite of passage for kids getting their first two-wheeler. But with this enhanced mobility comes added responsibility, both for the parents and the kids.

For most children, riding a bicycle throughout their neighborhood or to get to school can result in many wonderful childhood memories. But sadly, every year hundreds of kids are either killed or seriously injured in automobile-bicycle accidents. Making sure that your child does not become part of this tragic statistic is every mother and father’s goal. Here are a few tips on teaching kids about bicycle safety:

1) Be aware of your surroundings. One of the most important things you can teach your children is to understand the local traffic environment. This is especially important because kids usually haven’t honed their powers of observation by the age they get their first bike.

As a parent or guardian, you should try to teach your child to carefully observe their environment. This is critical to all other safety tips you give them for riding their bike near motor vehicle traffic. Insist that they keep their eyes and ears open at all times while riding a bicycle, even if it’s right in front of their own home in a quiet neighborhood.

2) Wear that helmet. While you can teach kids everything they need to know about safe riding, accidents can and do still happen, even to the best prepared riders. In such cases, it is very important that your child have as much protection as possible in the event of a crash. Wearing a properly fitted and right-sized helmet can make the difference between a minor accident with just bruises and scratches and a potentially life-threatening crash.

Continue reading "Maryland Bike Injury Update: Reducing Tragic Car-Bicycle Accidents by Teaching Kids Safe Riding Techniques" »

Being a personal injury lawyer and practicing Maryland bicycle accident attorney I understand the causes for bicycling injuries in and around large municipalities. Living and working in Baltimore, Annapolis, D.C. and other cities around the state, cyclists must be constantly aware of the dangers presented by other vehicular traffic, as well as watch out for pedestrians and parked cars.

Although bicycle crashes cannot totally be prevented, having some key safety equipment on your bike can make a big difference in helping riders avoid serious injury or death. Cycling is fun, rewarding and healthy, not to mention energy efficient and economical. Although the weather is still rather cold and snowy for most riders’ comfort, the following tips can get you in a safe state of mind once spring rolls around.

Here are five useful accessories that every bicycle rider should consider from the standpoint of accident avoidance and crash survival. Whether you choose to include any or all of the following items in your compliment of cycling gear is up to you. Just keep in mind that any time an automobile and a bicycle meet in a traffic collision, the bike and its rider are usually the ones to suffer.

1) Audible signaling device, such as a horn. Most bike accidents happen when the driver of a car, truck or SUV does not see the cyclist approaching and turns his vehicle into the bike’s path. Having a load horn, especially in loud urban setting, could help to get a driver’s attention before disaster strikes.

2) A rear-view mirror. A large number of cycling-related injuries and deaths are attributed to the rider being hit from behind by a motor vehicle, such as a delivery truck, city bus or passenger car. Using a rearview mirror can help riders avoid this kind of accident by allowing them to see what’s approaching from behind.

For relatively little money, cyclists can purchase rear-view mirrors that clip to the bike’s handlebars, or onto the rider’s helmet. Some newer cycling glasses combine sunglasses with tiny rear-view mirrors built right into the frames.

3) A headlamp. Maryland, like most other states, requires cyclists to have an operating headlamp for use after dark. Although your odds of being cited for not having a headlamp could be quite low, not taking advantage of a headlamp for night riding would be inviting danger on the road. A headlamp serves two separate and distinct functions; first it provides needed forward lighting so that the rider can actually see the roadway ahead of him or her, and thus avoid potholes or road debris that could cause a puncture or serious injury; second, it lets other drivers and slower-moving pedestrians see you coming in the dark, and hopefully avoid a possible accident.

Continue reading "Baltimore Bicycle Accident Update: Safety Equipment for Bikes could Help Save Lives" »

In Baltimore, Annapolis, the District of Columbia, and other municipalities across Maryland and the surrounding area, more and more people are riding bicycles as a way to reduce commuting costs and lead healthier lives. As a bicycle accident attorney and experienced personal injury lawyer, I know the freedom and invigoration that bike riding provides many in our community.

Unfortunately, with more people bicycling to work and school, the potential for bodily injury may also be on the rise. It’s not unusual for a rider to sustain broken bones and lacerations as a result of a collision with a motor vehicle, such as a passenger car, SUV or delivery truck. Instances of car-bike accidents usually increase with the higher traffic density found in medium and large metropolitan areas.

In an effort to alleviate, or at least limit the potential for traffic accidents involving bicyclists, our state legislature is doing its part to help cyclists have more rights on publics roads. According to news reports, the Maryland Senate this recently approved a measure requiring motorists to give bicycles, scooters and other personal transportation devices, such as Segways, at least three feet of space whenever possible.

Currently, passenger car drivers and operators of other motor vehicles are required to exercise "due care" when passing people on bicycles, however the Senate wanted the law to be more specific when it comes to two-wheel and personal transportation. As part of the proposed legislation, a measure has been included that would direct drivers to yield right-of-way at intersections when a cyclist is in a designated bike lane or lawfully riding on the shoulder.

Violation of these new proposed rules would result in a misdemeanor with an associated maximum fine of $500.

Senate wants drivers to move over for cyclists, BaltimoreSun.com, February 11, 2010

It won’t be long before the promise of spring weather entices more and more cyclists out onto the roads in and around cities like Annapolis, Bethesda and D.C., among others. As Maryland traffic accident injury attorneys, the staff at Lebowitz & Mzhen, LLC can see a shift toward greater environmental consciousness, so it’s not surprising that more people are using bicycles to get to work, school or even to the store for some light shopping.

Unfortunately, even though more riders are out on the roads, our traffic laws and driver awareness are apparently behind the times. What does this mean in terms of increased traffic accidents and bicycle riding injuries? According to a recent editorial, the percentage of people using bikes for transportation has been on the rise for nearly 20 years, with no expectation that this trend will change any time soon.

To accommodate this increase in two-wheeled traffic, engineers and traffic planners have been working to update the state’s infrastructure and to encourage cycling and create a more safe environment for autos and bikes to coexist. There has also been a call for improved and updated legislation as well.

According to many cycling advocates, some laws unnecessarily restrict safe cycling or where cyclists can ride or park their bikes. There are other laws that haven't really caught up with current technology, which makes our public roads more dangerous for all users. There is also a cry for increased protection for those more vulnerable users or to punish negligent car and truck drivers.

Some suggest that Maryland replace contributory negligence with comparative negligence. Maryland, Virginia and the District of Columbia are three of only five "states" that use contributory negligence to establish damage awards in civil cases. Under this standard, if an injured road user was even one-percent at fault for a crash involving another road user that person would be unable to recover damages unless he or she could prove that the other road user had the "last clear chance" to avoid the accident.

Last clear chance involves proving four separate facts about the crash, all of which must be true, and can be difficult to prove. This is why it is always important to have an experience legal professional on your side in personal injury cases.

The majority of jurisdictions around the county use some form of comparative negligence, which allows the injured party to recover some of their loses even if they were partially to blame. Contributory negligence is a favorite of big business and the insurance industry, however it punishes victims who are disproportionately pedestrians and cyclists.

12 ways our region could reform bicycling laws, GreaterGreaterWashington.org, January 22, 2010

There are proposals being put forward that could go a long way toward increasing the number of bicycling enthusiasts who choose Baltimore as their home. Of course, with an increase in bikes, there will also be an inevitable increase in cycling accidents, including car-bike collisions, severe truck-bicycle wrecks and even fatal traffic accidents involving bicycles, as well as bike-pedestrian crashes.

As a Maryland personal injury lawyer handling bicycle accident cases, I and my colleagues know the pain and suffering that can accompany a bike-auto traffic collision. Unfortunately, the laws of physics are on the side of the automobile, which means cyclists must be on their game 110 percent if they want to survive in an urban traffic setting.

According to news reports, Baltimore’s city counsel is looking to make Baltimore streets safer for cyclists, and in doing so encourage a whole new group of potential resident to make this city their home.

Of course, it’s well known that Baltimore's congested and pothole-ridden streets pose many hazards to cyclists. Numerous bikers have been hit or forced off the road by negligent motorists. Even drivers who care about cyclists don’t always consider these smaller two-wheeled vehicles due to a lack of bicycle awareness programs.

Still, a number of laws have been proposed recently by City Councilwoman Mary Pat Clarke that are aimed at encouraging more people to travel by bike while also making our city streets safer for bicycle riders. This would seem to be all for the best since cycling is great for the environment and great for a person’s health. Many younger people enjoy biking, which is one reason that the Clarke feels Baltimore could become a “bicycling city.”

Initiatives include creating lanes exclusively for bikes, requiring bike parking facilities at workplaces and new buildings, and adopting a "complete streets" philosophy to include the needs of cyclists and the safey of pedestrians in road projects.

One of the easiest and most beneficial change that has been proposed is altering the orientation of sewer grates. Currently, many or all grates run parallel to flow of traffic, which can cause a bike’s wheel to become caught in the gap and flip a rider. The law would require the openings to run perpendicular so that wheels can roll over them without incident.

According to news articles, many of these proposed measures have been inspired by the unfortunate death of John R. "Jack" Yates, a 67-year-old cycling enthusiast who suffered fatal injuries when his bike became entangled in the rear wheels of a truck. Yates was an activist who counseled young people and collaborated with Councilwoman Clarke on various community projects in the past.

The measures, which will be aired during City Council hearings in February, will reportedly dovetail with Baltimore’s 2006 bike master plan, according to city’s transportation department, which oversees bike and pedestrian planning.

Proposals seek to encourage more cyclists and to make Baltimore streets safer for them, BaltimoreSun.com, December 27, 2009

Every year in Baltimore, Annapolis and other cities and towns across Maryland, dozens of bicycle riders are injured or killed by inattentive motorists on city boulevards, suburban streets and country roads. As Maryland bicycle accident lawyers and personal injury attorneys, our firm is aware of the dangers present on our public roadways.

Cyclists have next to no protection when it comes to a collision with an automobile, sport utility vehicle or pickup truck. Commercial vehicles pose even greater threats to bike riders; accidents involving semi tractor-trailers or urban delivery vehicles can many times be fatal. Minor cuts and bruises are nothing compared to broken bones, deep lacerations and other life-threatening injuries such as spine and brain trauma.

Avoiding injury on a bicycle is one of the key jobs of a cyclist, yet there are many other ways to protect oneself while peddling around town. It is important to remember that under Maryland law bicycles are considered road-going vehicles, which means bicycle riders have the same rights and responsibilities as drivers of cars and trucks.

The biggest drawbacks to riding a bicycle in traffic is that riders are less visible and much quieter than cars, not to mention having no protective sheetmetal surrounding the operator. Sadly, this mean that even the slightest mistake by a cyclist can mean the difference between living another day or dying from a fatal traffic accident.

Hear are a few suggestions (and laws) for every rider to remember the next time he or she takes to the street on that shiny two-wheeler:

-- Bicyclists fare best when they act like and are treated as drivers of vehicles
-- Most crashes occur during daylight hours; May through September
-- A helmet must be worn by anyone under the age of 16 who rides a bicycle on public roads, bicycle paths, or other public property
-- A bicycle may not carry an additional passenger unless specifically designed for the task
-- A rider must not wear a headset or earplugs that cover both ears
-- Bicycles must obey the same traffic laws as cars
-- Cyclists should ride in the same direction as automobile traffic
- -Wear reflective gear after dark and have a working light on your bike

For more information visit http://www.choosesafetyforlife.com/bicycle.htm